The Gazette 1955-58

Cox, Patrick F. O'Reilly, Niall S. Gaffney, Desmond J. Collins, Henry St. J. Blake, Charles J. Downing, Joseph Barrett, Sean O hUadhaigh.

querists could inspect the original bill with the deductions in the taxing masters' office. Sale of registered land. Completion. A MEMBER asked the opinion of the Council whether a solicitor acting for the purchaser of registered land from a vendor who resides out of the jurisdiction is entitled to hold the purchase money until the transfer deed has been registered in the Land Registry. He thought that as the vendor resided abroad the purchaser might be in a difficulty if any technical hitch arose in connection with the regis– tration and that it is never completely safe to part with the purchase money in the case of a sale of registered land until the purchaser is registered ?s owner. On a report from a Committee the Council expressed the opinion that the purchaser is not entitled to delay completion of the sale in the absence of an express stipulation to this effect in the conditions or contract for sale. Local Government Bill 1954. Liability of solicitors to local authorities for negligence. A COMMITTEE reported to the Council that represen– tations had been made to the Minister for Local Government on the subject of section 50 of the Bill which as drafted provided that certain professional persons acting for local authorities might be liable to sur-charge by the Local Government auditor for negligence in certifying for moneys payable by the local authority without any finding of negligence by a Court of Justice. Following these represen– tations the Department had written to the Society stating that the section is not intended to apply to solicitors who normally do not certify for the pay– ment of moneys in the course of their professional duties. Senator Cox subsequently had the Bill amended in Seanad Eireann in such a way as to give better protection to professional advisers. » Professional practice, conduct, and discipline Regulations. THE Council considered draft regulations submitted by a Committee and referred them back for re– consideration. Also present: Messrs. Desmond J. Mayne and John J. Sheil, Vice-Presidents; William J. Norman, James J. O'Connor, John R. Halpin, Francis J. Lanigan, Joseph P. Tyrrell, Cornelius J. Daly, John J. Nash, John B. Jermyn, Peter E. O'Connell, John Maher, Reginald J. Nolan, George A. Nolan, George G. Overend, Ralph J. Walker, Dermot P. Shaw, Arthur MAY I2TH: The President in the Chair.

The following was among the business transacted :

Land Registry. Solicitor's Lien. A MEMBER held two original land certificates as security for costs due by the personal representatives of a deceased registered owner. Other solicitors acted for a person who acquired title to the lands by reason of an order under section 52 of the Regis– tration of Title Act, 1891. When the owner under section 52 applied for registration he was informed that the land certificates had been issued in 1936 to another solicitor whose practice had been ac– quired by purchase by member. The Council were asked to decide on a submission to arbitration between the parties whether member could retain the land certificate in furtherance of his lien against the present owner who had acquired title under section 52. Reference was made to sections 15, 67, 81, and 87 of the Registration of Title Act, 1891. In the opinion of the Committee which considered the matter and which was adopted by the Council member would have to lodge the certificates subject to his lien in the Land Registry if required to do so in accordance with section 81 of the Registration of Title Act, 1891. tribunals. THE Secretary was directed to write to the Hon. Secretary of the Bar Council stating the Council's view that clients are unwilling to pay for two counsel in many cases and that the result of any rule of the Bar that senior counsel may not appear alone may be that junior will be briefed alone or alternatively that the business will be lost to both branches of the profession. ORDINARY GENERAL MEETING. A GENERAL meeting of the Society was held in the Society's Library on Thursday, izth May, 1955. The President, Mr. Thomas A. O'Reilly, in the Chair. The following members of the Society signed their names as being present: Desmond Mayne, Vice-President, John J. Sheil, Vice-Pres– ident; Joseph Barrett, Henry St. J. Blake, Patrick R. Boyd, Desmond J. Collins, Senator Arthur Cox, Cornelius J. Daly, Charles J. Downing, Niall S. Gaffney, John R. Halpin, Francis J. Lanigan, John Maher, John J. Nash, George A. Nolan, William J. Norman, Peter E. O'Connell, James J. O'Connor, Sean O hUadhaigh, Patrick F. O'Reilly, George Appearance of counsel at non-judicial